If someone swears/signs an affadavit in front of a notary and lies, is it perjury?

Question

Just found out that my husband took a line of credit against our home to buy land in the country without disclosing our marriage to the lender.

Even though my name is not on the title to the house (he bought it before we married), it has accrued significant value/equity since our marriage. Also he has of course not put my name on the title to the land he recently purchased.

On the "affadavit of borrower" there is a part that says that he is single (if married spouse must also sign).

He signed this affadavit and other papers pertaining to the loan in front of a notary to get this line of credit/loan.

Is it then considered perjury? Anyone have any idea's or thoughts on this whole subject?

Answer 1

I dont think its perjury. That is in a court of law when you have been signed in by a judge. Notaries are not clerks of the court.

What he did is lie on a loan application. That would be loan fraud. Depending on your state there are fines and penalties. In utah its a felony and carrys up to 25 years in prison and a 1 million dollar fine.

But normally the lender would have to go after your husband. If he pays the money back the lender wont care. Usually they will call it do or foreclose. I really dont see the lender will care. Now the affadavit of borrower normally these forms are National forms that lenders used. Ours in Utah say the exact same thing. The notary will tell him since Utah isnt a community property state your spouse doesnt legally have to sign this. And they would be right.

Your state may not require this signature. Its a standard form. We dont have the spouse sign it in Utah and its perfectly legal.

If he is taking your equity and spending your equity when you know you are getting a divorce that would be decided by the divorce court. But you would have some nice ammunition on your side.

Good Luck.

Answer 2

It is not perjury, it is making a false statement- different crimes. Perjury is a criminal act and you can be sentenced to jail time. A false statement is usually a tortuous action which can result in monetary damages being awarded to the injured party. However, if a person has been deposed by the court and is giving an official deposition or making a statement directly to law enforcement personnel or judicial personnel that can be considered perjury.

Answer 3

A notarized document certifies that the individual having the document notarized was in fact the person signing the document in the presence of a notary.

However, submission of the notarized document to the lender would represent fraud by the individual attesting to the truth of the information contained in the document.

Knowingly submitting false information to the lender that has been notarized would be perjurious.

Answer 4

He did not commit perjury.He committed Financial Fraud.Usually a class 1 felony.Most states consider this to be a serious crime and it carries a substantial fine,forfeiture of secured property as well as 3-5 years in prison.FYI a notary only confirms that the signatory is the person before them.they are not concerned with the content of the document or affidavit.

Answer 5

What state do you live in? If you live in Idaho, we are a community property state so in this case you would be intitled to a percentage of ownership regardless of when or how the property was purchased. If the property accured value while you were married you are intitled to a portion of the value. I would strongly suggest you discuss this with an attorney to get an accurate answer.

Answer 6

regrettably your husband offered the living house you're in earlier you have been married and as a result legally he has the dazzling to take out credit against the living house to finance the hot land. the reality that he has signed the affadavit as single is yet another concern. he's utilising the fairness from his living house to purchase the land, this might artwork for you if it includes that, and whilst he offered his living house and decrease than his modern mortgage it is going to in actuality say he's single. the reality which you're no longer on any of the titles to your place or the land skill which you ought to get a reliable divorce criminal expert and initiate dividing sources as i do no longer see you as an equivalent in this marriage. ultimate of success :)

Answer 7

It's not perjury, since one needs to be in a court of law under oath to commit perjury. However, it IS fraud, and certainly could be prosecuted.

Answer 8

well if he signed your name then it is perjury..but if he didnt and just took the HELOC and bought the property he can have it as sole and seperate property..but inorder to take the HELOC form the house that has your name on title and on the loan you would have to sign no matter what...atleast that is the laws is california

Answer 9

The laws change with state. With that being siad you can choose not to put a spouse on a realty contract. If you are not on the deed then more then likely no. You have to own a portiion of whatever to mandated to be put on the loan. Have him call his broker or a different one their are a ton he could call.

Answer 10

It's fraud plain and simple. BUt it's against a mortgage company, and worst case they start action against him to recover funds or security which doesn't do you a lot of good.